what type of lawyer do i use to sue a person that owes me money for home construction

by Syble Moen 3 min read

Full Answer

Can a real estate lawyer help you sue a contractor?

A lawsuit against a contractor will require in-depth knowledge of contracts law and technical knowledge regarding construction. A real estate lawyer can help you navigate the case filing process, investigate any possible claims, and negotiate and advocate on your behalf.

What kind of attorney do I need to sue someone?

A civil litigation attorney or commercial litigation attorney would typically have the experience necessary to sue the person (litigate) in the necessary court, if settlement or other negotiations can't be worked out prior to filing the suit.

Can a homeowner sue a contractor for fraud?

A homeowner may sue a contractor for fraud if they told the homeowner that the completed project would look one way, but the result is vastly different. Another example is if the contractor promises only to use specific, high grade materials, then uses less costly and lower quality materials after accepting payment; or

How do I sue a contractor for a bad job?

How to Sue a Contractor Determine what your claims are and what resolution you would like. Contact the contractor and attempt to work something out, whether it is a refund or for the contractor to finish the job as promised. If the contractor refuses, research state law to determine which forum is best for bringing your case.

What can a contractor do if a customer refuses to pay?

What can you do when your client refuses to pay you?Talk to your client in person.File a mechanic's lien.Send a breach of contract demand letter.Sue them in small claims court.

What is the lowest you can sue someone for?

As far as the minimum amount you can actually sue someone for, there is no limit. Legally, you can sue someone for any amount in court. The only criteria which has to be met, is that there is a valid cause of action. This refers to issues such as an unpaid debt.

What are the easiest things to sue for?

The law must support your contention that you were harmed by the illegal actions of another.Bad Debt. A type of contract case. ... Breach of Contract. ... Breach of Warranty. ... Failure to Return a Security Deposit. ... Libel or Slander (Defamation). ... Nuisance. ... Personal Injury. ... Product Liability.More items...

What are good reasons to sue?

Here are 11 top reasons to sue someone.Compensation for Damages. A common form of this is monetary compensation for personal injury. ... Enforcing a Contract. Contracts can be written, oral or implied. ... Breach of Warranty. ... Product Liability. ... Property Disputes. ... Divorce. ... Custody Disputes. ... Replacing a Trustee.More items...

Do I need a lawyer for small claims court?

You do not need a lawyer for small claims court, and some states don't even allow you to have one. Read an overview of your state's small claims court laws first. There are many advantages to seeking legal help from an attorney, but you would likely have to pay attorney's fees.

What do you do when someone owes you money?

If that doesn't work, take these steps to start collecting money you are owed:Understand the Dynamics. The person who owes you money has broken his/her word. ... Remind Them About the Debt. ... Send a Letter. ... If All Else Fails, Get Your Lawyer to Write a Letter. ... Make Sure the Lawyer's Letter Goes Out. ... Go to Court.

Can you take someone to court if they owe you money?

To win a case, you need to have some evidence that your friend owes you money. This doesn't have to be a written legal contract, with witnesses etc. Suing someone for money is a civil case and the judge will decide who wins “on the balance of probabilities”, looking at whose story seems most likely.

Can I sue for emotional distress?

It may be possible for you to sue for emotional distress, depending on your situation. The main factor that will mean you can make a claim is whether someone's negligence caused the harm you first suffered. This could be because you were hurt in an accident that was someone else's fault.

When can you sue someone?

Suing someone is where you make a legal claim against an individual or company. You can sue someone if they have broken a civil law in order to reclaim the losses that their actions in breaking this law caused you. Civil law provides clear guidelines for dealing with disputes that involve our rights and property.

How long does a civil lawsuit take?

While an actual trial in court usually takes only a few days, the pre-trial process and the process of preparing a case can take weeks or months. In especially complex cases where both sides present extensive witnesses and lots of technical evidence, even the trial process can stretch on for a long time.

Is suing someone worth it?

Is Going to Court Worth It? Again, it just depends on the specifics of your case. If you have a strong case and a good attorney, suing a person might be worth the costs. But if your case isn't as clear and you don't have a large budget, you may want to think twice before going to court.

How do you decide to sue?

research whether the person you're trying to sue might be able to claim some kind of legal defense or even immunity. research similar cases to find out what kind of compensation you might reasonably expect. collect all necessary documentation and evidence to help prove your side of the case.

Money Threshold for Small Claims Court

Check your state's small claims case money limit first before considering legal action. You can search for the terms " [your state] money owe small claims court" or " [your state] money claims conciliation court." Look for a .gov website with an answer, or call a small claims court attorney with questions.

Small Claims Judgment 101

Small claims court exists to give two or more parties a place to state their side of the story. However, you should carefully consider if suing someone is the right course of action.

Owing Money: Legal Definition

There are some guidelines you need to follow to sue someone for owed money. You obviously can't gift someone money and one day decide you want it back. You also can't loan someone money but never tell them you expect to be paid back.

Suing Someone for Loans or Debts 101

To show your case in the best possible light, it is a good idea to try other methods of debt collection first. Be sure to ask for the money — preferably in writing — so there is a record of your attempts. This is called a " demand letter ."

Step 1: Filing Your Complaint and Paying Filing Fees

First, check the thresholds for the amount of money you are requesting and the correct court to file in. If the amount is too small or too large, you won't be able to file in small claims court.

Step 2: Serving the Lawsuit and Court Dates

The fee you paid may go toward a court official " serving " the case. This means they will find the person who owes money (the "defendant") and give them official notice that they are being sued by you (the "litigant"). You might also be able to serve the defendant yourself through certified mail.

Step 3: Attend Court Hearing

Be on time for your court date. You can expect the court hearing to be quick — typically around 15 minutes total. If you are nervous about what goes on during a hearing, you can sit in on small claims court cases in advance.

3. How to File a Lawsuit – With or Without a Lawyer

Does the person that you want to sue have the ability to pay? An attorney does not want to represent someone who is seeking recovery of $300 for example (7) …

4. Things You Need to Know Before Taking Someone to Court

There are a multitude of reasons people want to sue others, such as money owed, damage to your A good litigation attorney can make or break a case. (9) …

6. Small Claims Court – Oregon State Bar

If you need an order to make someone do something or stop doing something, other courts are available. How do I file a lawsuit? Before you sue, try to settle (17) …

9. What Are the Most Common Reasons To Sue Someone?

This is a specific type of damages suit. Most people associate this with medical malpractice, but other professionals such as lawyers and accountants are (27) …

10. How to Sue in Justice Court – State Bar of Texas

What type of case can be brought in Justice Court? does not need an attorney to file a claim in Justice Court. A corporation may appear. (29) …

How much does it cost to serve a lawsuit?

This is called serving. You can serve for free if you have a friend or family member deliver the lawsuit to the person you have sued or you can pay between $40-$75 to have the lawsuit professionally served.

How to prepare for a small claims court hearing?

To prepare for your small claims court hearing: Research the law. If you are unsure about the laws involving your lawsuit (aka why you should win your lawsuit), consult an attorney, or conduct your own research about the law (a quick Google search goes a long way). Prepare your evidence.

How long do you have to serve a small claims court in California?

This is called "service of process" (also known as "service"). You must serve the debtor at least 15-20 days before the small claims court hearing (sometimes you are required to serve at least 30 days before the hearing). There are several ways you can serve the debtor including by having a friend serve, hiring a process server, hiring the sheriff, or through the court clerk. We can help you with serving the small claims lawsuit.

What to do if you are owed a security deposit?

If you are owed your security deposit, you want to make sure you sue the correct legal entity or the individual list as the landlord on your lease. If you are owed money because someone hit your car, you want to make sure to sue the registered owner of the vehicle.

How long does it take to get a hearing on a debtor's case?

Once you file your case, you will get a hearing date scheduled anywhere between 30-70 days later. During this time, the debtor may call you to try and settle the case.

What to do when a problem arises?

The first thing to do when a problem arises is to communicate with the other party. You want to make sure they understand that they owe you money and how much they owe you. Most of the time they will agree to pay you all or most of what you are owed.

Can you sue someone for lent money?

If you lent someone money, you can sue them in small claims court if they failed to pay you back. If your landlord didn't return your security deposit, you can sue them in small claims. If you are owed money because someone hit your car and you had to repair it, you can sue them in small claims court. If a contractor owes you money ...

Where do you sue a person who owes you money?

If the person owes you money under a written contract, you want to sue either in the county where the contract was signed, or where most of the work under the contract was performed.

How to recover money owed in a lawsuit?

Gather your evidence. To recover the money you're owed through a lawsuit, you must have proof of the debt. If you have a written contract, that part of your proof is relatively straightforward. However, in many cases money is loaned through a handshake deal in which no formal contract is signed.

What to do if someone owes you money and won't pay it?

If someone owes you money and won't pay up, you might consider filing a lawsuit to have a judge order them to pay it. However, you should keep in mind that filing a lawsuit – even in small claims court – can be a lot more complicated than it might appear in daytime television shows such as People's Court. Beyond that, a court's order only gives you ...

What to do if someone refuses to pay you?

If someone owes you money but refuses to pay, you might have to file a lawsuit to have a judge order them to pay . Start by gathering your evidence, including written contracts, any proof of a loan, or receipts for initial payments on monies owed.

How long does it take to answer a complaint?

Typically the defendant has between 20 and 30 days to file his or her written answer.

How long do you have to sue for a written contract?

Typically you have much longer, as much as 10 years, to file suit regarding a written contract. However, you must sue to enforce an oral contract within one or two years. This time period begins from the date the contract – whether written or oral – was broken.

What to do if you don't want to testify in court?

If they don't want to appear in court, you typically have the option of having the court issue a subpoena that will force your witnesses to appear.

Why do contractors file lawsuits?

Some other causes for lawsuits against contractors include: The contractor completes the job but unsatisfactorily; The contractor completes the job but the work violates safety standards; The contractor took advantage of the homeowner, such as by accepting a deposit or payment but then failing to complete the agreed upon work; or. ...

What is a breach of contract lawsuit?

The most common are: Breach of Contract Claim: Breach of contract refers to one party failing to follow through with their side of a contract.

What is contract fraud?

Fraud Claim: contract fraud occurs when one party knowingly makes a false claim, intending to trick or deceive the other party into signing the contract. A homeowner may sue a contractor for fraud if they told the homeowner that the completed project would look one way, but the result is vastly different.

What is a contract for a contractor?

When hiring a contractor, such as for home repairs, most homeowners and contractors sign a legal contract that specifies the terms of the arrangement. This includes the work that is to be completed, the amount that is to be paid for the work completed, and a time frame that sets a deadline for the when is to be completed.

What are the different types of breach of contract?

There are four main types of breach under the breach of contract umbrella: Minor Breach: This occurs when a party fails to perform part of the contract, but does not violate the entire contract. This is sometimes referred to as an impartial breach;

What are the defects in a home?

Defective Construction Work Claim: construction defects are those that lessen the value of your home. This includes: 1 Design deficiencies such as a roof not being built to code, which can result in water intrusion or inadequate support; 2 Material deficiencies such as inferior sheetrock in damp areas; 3 Construction deficiencies as a result of poor workmanship, such as plumbing and electrical issues; or 4 Subsurface deficiencies such as a home being built on hills or other unstable conditions.

Can you sue a contractor for breach of contract?

As can be seen, suing a contractor typically requires that you first prove there was a breach of contract, or at a minimum an agreement for services to be performed. Regardless of whether you have a written contract or not, suing a contractor is often a complicated and lengthy process. This is especially true since state laws vary.